Maximilian Alexandrovich Lapin v. Realist LLC and Olga Nikolaevna Baranets
Case Law- Country
- Country Location
Latitud: 55.84775990443999
Longitud: 37.50146462023251
- Country Location (vinculado Case Law)
- Russia
- Decision Date
- 7 mar 2018
- Case Status
- Cerrado
- Case Outcome (Procedural)
- Motion Denied
- Case Outcome (Disposition)
- Judgment in Favor of Defendant
- Keywords
- Discrimination
- Religion
- Sexuality
- Judicial Body
- First Instance Court
- Case Number
- А56-68012/2017
- Case Summary
The Arbitration Court of Saint Petersburg, Russia, dismissed a defamation claim that had been brought by the owner of a chain of sex shops against a media company and the head of a civil society children’s rights organization on the basis that they had published an article harming his business. The article alleged, among other things, that the shop sold items to prostitutes and perverts, advertised vice, and unlawfully promoted toys for children. The Court found that the article simply contained subjective opinions that contributed to a debate on Russian family and spiritual values. It also reasoned that Mr. Lapin’s reputation could not benefit from protection under Russian law because it was based on the rejection of societal norms. Additionally, citing Article 10 of the European Convention on Human Rights, the Arbitration Court reiterated that freedom of expression protects speech that offends, shocks and disturbs. The Court also reasoned that Mr. Lapin had not sufficiently proven that the media company and the head of the children’s rights organization published the relevant article. On the basis of the above, the Court rejected Mr. Lapin’s defamation claim.
- Case Significance
The decision does not establish a binding or persuasive precedent within its jurisdiction.
- Source Name and URL
- Columbia Global Freedom of Expression
- Collection
- CIPIT
- Date Updated
- 15 may 2024